9Pension in respect of children on death of Judge

9 Pension in respect of children on death of Judge

(1) Where a Judge dies leaving a spouse, there shall, in addition to any pension that is payable to the spouse under section 7, be paid to the spouse, in respect of any eligible child, or any eligible children, of the Judge, a pension at a rate equal to the applicable percentage of the rate of the relevant pension in relation to the Judge. (2) For the purposes of subsection (1), the applicable percentage is: (a) where there is one eligible child—12.5%; (b) where there are 2 eligible children—25%; or (c) where there are 3 or more eligible children—37.5%. (3) If: (a) but for this subsection, the rate of the relevant pension in relation to the Judge would have been worked out under subsection 6B(2); and (b) the spouse gives the Secretary of the Department a written notice within 2 months after the death of the Judge electing to have the relevant pension worked out under section 6C, rather than subsection 6B(2); the rate of the relevant pension is taken to be the rate worked out under section 6C, rather than the rate worked out under subsection 6B(2).